Terms of Service
These Terms of Service (“Terms”) govern your access to and use of the Clip Capital platform, including the Campaign Tracker web application and any related services (collectively, the “Service”), operated by Clip Consulting LLC, a Wyoming limited liability company (“Company,” “we,” “us,” or “our”).
By accessing or using the Service, you (“you” or “User”) agree to be bound by these Terms. If you do not agree, do not access or use the Service.
1. Eligibility
You must be at least 18 years old to use the Service. By using the Service, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.
If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.
2. Account Registration and Access
2.1 Account Creation
To access certain features of the Service, you must register an account. You agree to provide accurate, current, and complete information during registration and to update such information as needed to keep it accurate.
2.2 Approval Required
Account creation is subject to approval by Company. Submitting registration does not guarantee account access. Company reserves the right to approve, deny, or revoke access at its sole discretion.
2.3 Account Security
You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to notify Company immediately at contact@clipcapital.io of any unauthorized use.
2.4 One Account Per User
You may not maintain multiple accounts unless expressly authorized in writing by Company.
3. Acceptable Use
You agree not to:
- Use the Service for any unlawful purpose or in violation of any applicable laws or regulations
- Attempt to gain unauthorized access to any part of the Service, other accounts, or related systems
- Interfere with, disrupt, or attempt to disable the Service or any servers or networks connected to it
- Use any automated means (bots, scrapers, crawlers) to access the Service without prior written permission
- Reverse engineer, decompile, or disassemble any part of the Service
- Upload or transmit any viruses, malware, or other harmful code
- Impersonate any person or entity, or falsely represent your affiliation with any person or entity
- Harass, abuse, or harm other Users or Company personnel
- Use the Service to compete directly with Company or to develop a competing product
Violation of this section may result in immediate suspension or termination of your account without notice or refund.
4. User-Submitted Content
4.1 Your Submissions
You may submit data to the Service, including but not limited to: profile information, social media handles, content URLs, view counts, and communications (“User Content”).
4.2 Accuracy of Submissions
You represent and warrant that all User Content you submit is accurate, complete, and not misleading. Company reserves the right to verify, flag, or reject any User Content at its sole discretion.
4.3 License to Operate the Service
You grant Company a worldwide, non-exclusive, royalty-free license to use, store, process, display, and transmit User Content solely for the purpose of operating the Service and providing related services.
4.4 Content You Do Not Own
You agree not to submit any content to the Service that infringes the intellectual property rights of any third party. Company is not responsible for verifying ownership of any content submitted.
Note on Content Created Outside the Service: These Terms govern your use of the Service only. If you are a clipper, creator, or contractor performing work for Company outside the Service, the rights and obligations relating to that work are governed by your separate written agreement with Company. These Terms do not assign or transfer rights in any creative work performed outside the Service.
5. Service Availability and Modifications
5.1 No Uptime Guarantee
The Service is provided on an “as available” basis. Company does not guarantee that the Service will be uninterrupted, error-free, or available at all times.
5.2 Changes to the Service
Company reserves the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. Company will not be liable to you or any third party for any modification, suspension, or discontinuation.
5.3 Maintenance and Downtime
Scheduled maintenance, updates, and unscheduled downtime may occur. Company will use reasonable efforts to minimize disruption but makes no guarantees.
6. Third-Party Platforms
The Service integrates with or references third-party platforms (including but not limited to TikTok, Instagram, YouTube, and Discord). These platforms are operated by third parties and are subject to their own terms of service and privacy policies.
6.1 No Liability for Third-Party Actions
Company is not liable for any account suspensions, bans, content removals, strikes, demonetization, or other penalties imposed by third-party platforms on you or on accounts you operate.
6.2 No Liability to Company
Likewise, you are not liable to Company for actions taken by third-party platforms unless such actions result from your violation of Company’s posting guidelines, content standards, or written instructions.
6.3 Platform Compliance
You acknowledge that third-party platform rules may change at any time and that compliance with those rules is solely your responsibility.
7. Payments and Financial Information
7.1 Payment Processing
Payments to and from Users are processed through third-party payment processors selected by Company at its discretion. Company does not directly process payments and is not a financial institution.
7.2 Accuracy of Payment Information
You are responsible for providing and maintaining accurate payment information for the method designated by Company. Company is not liable for failed, delayed, or misdirected payments resulting from inaccurate information you provide.
7.3 Disputes
Payment disputes must be raised in writing to contact@clipcapital.io within thirty (30) days of the disputed transaction. Disputes raised after this period may not be honored.
7.4 Tax Responsibility
You are solely responsible for all taxes, fees, and obligations arising from any payments you receive through the Service. Company will issue tax forms (such as 1099 or equivalent) where required by law.
8. Intellectual Property of the Service
The Service, including all software, designs, text, graphics, logos, and trademarks, is owned by Company or its licensors and is protected by intellectual property laws. Nothing in these Terms grants you any right, title, or interest in the Service except as expressly set forth herein.
You may not copy, modify, distribute, sell, or lease any part of the Service without Company’s prior written consent.
9. Termination
9.1 Termination by You
You may terminate your account at any time by contacting contact@clipcapital.io.
9.2 Termination by Company
Company may suspend or terminate your account at any time, with or without notice, for any reason, including but not limited to violation of these Terms.
9.3 Effect of Termination
Upon termination, your right to access the Service will cease immediately. Provisions of these Terms that by their nature should survive termination (including but not limited to disclaimers, limitations of liability, indemnification, and dispute resolution) will survive.
10. Disclaimers
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
COMPANY DOES NOT WARRANT THAT:
- THE SERVICE WILL MEET YOUR REQUIREMENTS
- THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
- ANY DATA, REPORTS, OR CALCULATIONS PROVIDED THROUGH THE SERVICE WILL BE ACCURATE OR COMPLETE
- ANY ERRORS WILL BE CORRECTED
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AFFILIATES BE LIABLE FOR:
- ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
- ANY LOSS OF PROFITS, REVENUES, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES
- ANY DAMAGES ARISING FROM THIRD-PARTY PLATFORM ACTIONS
- ANY DAMAGES EXCEEDING THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100) OR (B) THE AMOUNT YOU PAID TO COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM
This limitation applies regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise) and even if Company has been advised of the possibility of such damages.
12. Indemnification
You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in connection with:
- Your use of the Service
- Your violation of these Terms
- Your violation of any third-party rights, including intellectual property or privacy rights
- Any User Content you submit
- Any actions you take on third-party platforms in connection with the Service
13. Dispute Resolution and Arbitration
13.1 Binding Arbitration
Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules.
13.2 Location
Arbitration shall take place in the State of Wyoming, or remotely if mutually agreed upon by both parties.
13.3 Class Action Waiver
You and Company agree that disputes will be resolved on an individual basis only. You waive any right to participate in a class action, class-wide arbitration, or any consolidated proceeding involving multiple users.
13.4 Exceptions
This Section 13 does not prevent either party from seeking injunctive relief in a court of competent jurisdiction to protect intellectual property rights or confidential information.
13.5 30-Day Right to Opt Out
You may opt out of this arbitration provision by sending written notice to contact@clipcapital.io within thirty (30) days of first accepting these Terms. Notice must include your full name, account email, and a clear statement that you wish to opt out of arbitration.
14. Governing Law
These Terms are governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict of law principles.
Subject to Section 13 (Arbitration), any legal action not subject to arbitration shall be brought exclusively in the state or federal courts located in Wyoming, and you consent to the personal jurisdiction of those courts.
15. Changes to These Terms
Company may modify these Terms at any time. If we make material changes, we will notify you by email (to the address associated with your account) or by posting a notice on the Service. Your continued use of the Service after the effective date of the modified Terms constitutes acceptance of the changes.
16. Miscellaneous
16.1 Entire Agreement
These Terms, together with the Privacy Policy, constitute the entire agreement between you and Company regarding the Service and supersede all prior agreements and understandings.
16.2 Severability
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
16.3 No Waiver
Company’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
16.4 Assignment
You may not assign or transfer these Terms or your account without Company’s prior written consent. Company may assign these Terms at any time without restriction.
16.5 Force Majeure
Company is not liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, internet failures, or governmental actions.
17. Contact
For questions about these Terms, contact us at:
Clip Consulting LLC
Email: contact@clipcapital.io
By using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.